Governor's staff struck climate change language from Act 250 report

Gov. Phil Scott looks over the Act 250 permit application filed for his Morristown motorcycle shop project in May 1983, after construction was nearly complete. The governor's administration recently weighed in on possible changes to the land use law.(Photo: APRIL MCCULLUM/FREE PRESS)Buy Photo

An aide to the governor described the move as an editing decision rather than a policy statement, while a lawmaker questioned the administration's commitment to climate action.

At issue is a report by Scott administration officials that was submitted in October to legislators who are reviewing the nearly 50-year-old land use law. As part of their review, legislators are looking specifically at whether development should be judged through the lens of climate change during the Act 250 permit process.

The governor's office edited the draft report in September, emphasizing economic concerns while deleting much of the language about climate change.

The prior language, written by the Vermont Natural Resources Board, identified a "strong need ... to conduct a discussion on climate change" as lawmakers review Act 250.

The Natural Resources Board also drafted language predicting that climate change would "dramatically affect the health of our natural resources" in Vermont and "require different considerations for what is appropriate development and how infrastructure should be evaluated."

The governor's office removed the language and said any recommendations about addressing climate change through Act 250 would come later from the governor's Vermont Climate Change Commission. The edits remained a few weeks later when the report was finalized.

Scott's team also struck a recommendation that asked lawmakers to "consider establishing new criteria to address impacts from climate change and forest fragmentation" in the Act 250 permit process. The governor's office suggested instead that lawmakers "review the existing criteria to determine its present-day relevance."

Tayt Brooks, who made edits on behalf of the governor's office in his role as director of affordability and economic initiatives, said the Scott administration remains receptive to possible provisions in Act 250 that would address climate change.

"We didn't view it as a substantial change," Brooks said of the edits.

He pointed out that the final draft of the administration's report suggests that lawmakers' review "should include consideration of climate change in Vermont."

The governor has called for Vermont businesses to pledge to reduce carbon emissions despite the U.S. backing away from the Paris climate agreement.

"The impacts of climate change have already been felt," Scott said at a climate summit in Burlington last month. "We have seen the increased flooding, heat waves, droughts and variable amounts of snow cover. These changes threaten our way of life and our economy. So despite what's going on in Washington, I'm committed to doing our part."

The governor has not yet made clear how much his climate change response would rely on regulatory measures such as Act 250.

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Diane Snelling, photographed in 2013 as a state senator, oversees Act 250 land use regulation in Vermont as chairwoman of the Natural Resources Board.(Photo: MADDIE MCGARVEY/FREE PRESS, MADDIE MCGARVEY/FREE PRESS)

Diane Snelling, who oversees Act 250 regulation as chairwoman of the Natural Resources Board, described the administration's report as a preliminary step in a lengthy review of the law.

"Think of it more as a point in time as opposed to a final statement," Snelling said. "There's going to be a very broad and diverse exchange of ideas."

The Burlington Free Press obtained drafts of the Act 250 report though a public records request after Democratic gubernatorial candidate James Ehlers, who hopes to challenge the Republican governor in next year's general election, raised concerns about the report's treatment of climate change. The Natural Resources Board released 466 pages of records, and the Free Press reviewed them independently.

Two legislators leading the review of Act 250 said the Scott administration's report would not restrict their work. They have already begun to consider how Act 250 might be updated to respond to climate change, such as limiting greenhouse gas emissions from developments or requiring that projects can handle flooding predicted in climate models.

"We won't be limited by what the administration puts forth in that report," said Rep. Amy Sheldon, D-Middlebury, chairwoman of the Commission on Act 250: The Next 50 Years.

Sen. Christopher Pearson, P/D-Chittenden, serves as vice-chairman of the commission. He said it seemed like the governor's office had been "playing games with their posture on climate change."

"I think, to be honest, Gov. Scott and his administration have been trying to have it both ways around climate change," Pearson said. "They're trying to look like they’re out in front on the issue and they’re also repeatedly ducking the hard questions that surface."

Lawmakers are expected to meet later this month with Peter Walke, co-chairman of the Vermont Climate Change Commission, to discuss how the commission could provide input on Act 250.

Lawmakers are reviewing all aspects of Act 250 and are asking the public to share comments about how the law could be improved. The entire process is expected to last through December 2018.

Contact April McCullum at 802-660-1863 or amccullum@freepressmedia.com. Follow her on Twitter at @April_McCullum.
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